Chapter 15.35
FIRE CODE AMENDMENTS
Sections:
15.35.010 Adoption of Oregon Fire Code and fire and life safety regulations.
15.35.030 Establishment and duties of life safety division.
15.35.070 Amendments to the Oregon Fire Code.
15.35.090 Enforcement – Offenses – Penalties.
15.35.010 Adoption of Oregon Fire Code and fire and life safety regulations.
A. The city adopts the Oregon Fire Code, as set forth under OAR 837-040-001 through 837-040-0140, and as amended or revised by the state of Oregon, including adopted appendices, except as otherwise amended as codified in FMC 15.35.070 and incorporated herein.
B. This code section, including the codes hereby adopted, shall be filed and maintained in the record of Gresham Fire Department (GFD) and in the Oregon State Fire Marshal’s office. The whole of this chapter shall be known as the fire and life safety code of the city of Fairview (hereafter known as “fire code”).
C. Any violation of the Oregon Fire Code, hereinafter known as the OFC, as determined by GFD shall constitute a violation of the Fairview Municipal Code under FMC 15.35.090 and may be cited by GFD into the city’s municipal court.
D. In addition to any fines, penalties, remedies or other enforcement powers authorized by the OFC, the city may enforce the provisions of this chapter as provided by law, including the FMC. (Ord. 3-2023 § 2 (Exh. B); Ord. 10-2022 § 1 (Exh. A); Ord. 11-2010 § 2 (Att. B); Ord. 2-2008 Exh. A; Ord. 7-2007 § 1; Ord. 6-2005 § 1; Ord. 2-2004 § 1; Ord. 9-1992 § 1)
15.35.020 Definitions.
A. “Business” means any activity, trade, occupation, profession, or pursuit conducted for the purpose of generating revenue, whether for-profit or nonprofit, regardless of occupancy type assigned by code language.
B. Fire Code Official. Wherever the Oregon Fire Code uses the term “fire code official,” it shall mean the city of Gresham fire chief or fire marshal.
C. City. Wherever the fire code uses the term “city,” “county,” “jurisdiction,” “municipality” or “state,” it shall mean the city of Fairview.
D. City Attorney. Wherever the fire code uses the term “city attorney” or “corporate counsel,” it shall mean the Fairview city attorney.
E. Fire Marshal. Wherever the fire code uses the term “fire marshal,” it shall mean the city of Gresham fire chief or fire marshal.
F. “Illegal occupancy” means any business occupying a building or on a premises without a city business license or the changing of an occupancy without proper building and planning department permits or certificate of occupancy.
G. “Occupancy” means the lawfully permitted purpose for which a building or part thereof is used or intended to be used. (Ord. 3-2023 § 2 (Exh. B); Ord. 10-2022 § 1 (Exh. A); Ord. 11-2010 § 2 (Att. B); Ord. 2-2008 Exh. A; Ord. 7-2007 § 1; Ord. 6-2005 § 1; Ord. 2-2004 § 1; Ord. 9-1992 § 2)
15.35.030 Establishment and duties of life safety division.
The Oregon Fire Code shall be enforced by the life safety division of GFD, which shall be operated under the direction of the fire marshal. (Ord. 3-2023 § 2 (Exh. B); Ord. 10-2022 § 1 (Exh. A); Ord. 11-2010 § 2 (Att. B); Ord. 2-2008 Exh. A; Ord. 7-2007 § 1; Ord. 6-2005 § 1; Ord. 2-2004 § 1; Ord. 9-1992 § 3)
15.35.040 Bulk storage of liquefied petroleum gases.
Repealed by Ord. 7-2007. (Ord. 6-2005 § 1; Ord. 2-2004 § 1; Ord. 9-1992 § 4)
15.35.050 Storage of flammable or combustible liquids in above ground tanks.
Repealed by Ord. 7-2007. (Ord. 6-2005 § 1; Ord. 2-2004 § 1; Ord. 9-1992 § 5)
15.35.060 Storage of explosives and blasting agents.
Repealed by Ord. 2-2004. (Ord. 9-1992 § 6)
15.35.070 Amendments to the Oregon Fire Code.
The Oregon Fire Code is amended as follows:
A. Section 104.1 is amended to add:
104.1 The jurisdiction shall set by resolution fees for special use permits.
B. Section 108.1 is amended to add:
The Council shall set by resolution fees for the following:
a. Initial business fire inspections.
b. Re-inspections.
c. Failure to abate hazards.
d. False alarms.
C. Section 308.1.4 is amended to read:
Open-flame cooking devices.
Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction.
Exceptions:
1. One and two family dwellings.
2. Where buildings, balconies and decks are protected by an automatic sprinkler system.
D. Section 308.1.6.2 is amended to read:
Liquefied-petroleum-gas-fueled cooking devices. LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds (nominal 1 pound LP-gas capacity) shall not be operated on combustible balconies or within 10 feet of combustible construction.
Exception:
One and two family dwellings.
E. Section 505.1 is amended to read:
Address Numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 6 inches with a minimum stroke width of 0.5 inch and larger when required by Gresham Fire Department Standard Operating Guideline 3.1.5.
F. Section 806.1.1 is amended to read:
Restricted occupancies.
Natural cut trees shall be prohibited in Group I-1, I-2, I-3, I-4, R-4 and SR occupancies.
Exceptions:
1. Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 903.1.1 or 903.1.2 shall not be prohibited.
2. Within dwelling units of R-2 occupancies.
G. Section 5701.4 is amended to read:
Permits
Permits for the installation of all flammable or combustible liquid tanks and/or storage of all flammable or combustible liquids within or outside of buildings are required within all areas of the city.
H. Section 5701.6 is amended to read:
Plans
Plans shall be submitted with each permit application for liquefied petroleum gas (LPG) tanks and/or storage of the same.
I. Section 6101.2 is amended to read:
Permits
Permits for the installation of all liquefied petroleum gas (LPG) tanks and/or storage of all LPG are required within all areas of the city. Distributors shall not fill a gas container for which a permit is required unless a permit for installation has been issued for that location by the Fire Code Official.
J. Section 6101.3 is amended to read:
Plans
Plans shall be submitted with each permit application for liquefied petroleum gas (LPG) tanks and/or storage of the same.
(Ord. 3-2023 § 2 (Exh. B); Ord. 10-2022 § 1 (Exh. A); Ord. 11-2010 § 2 (Att. B); Ord. 2-2008 Exh. A; Ord. 7-2007 § 1; Ord. 6-2005 § 1; Ord. 2-2004 § 1; Ord. 9-1992 § 7)
15.35.080 Appeals.
Decisions or determinations of the fire code official or fire marshal relative to the application and interpretation of this code or the OFC may be appealed to an appeals board, which shall consist of the Oregon State Fire Marshal’s Office, with the addition of a fire protection engineer, specialist or other qualified person as designated by the city council, per OFC 111.1. (Ord. 3-2023 § 2 (Exh. B); Ord. 10-2022 § 1 (Exh. A); Ord. 11-2010 § 2 (Att. B); Ord. 2-2008 Exh. A; Ord. 7-2007 § 1; Ord. 6-2005 § 1; Ord. 2-2004 § 1; Ord. 9-1992 § 8. Formerly 15.35.1010.)
15.35.090 Enforcement – Offenses – Penalties.
A. The purpose of this section is to set forth the requirements of a fire safety inspection program within the city of Fairview for violations of the OFC. The provisions of this section shall apply to each business location and every business within the city of Fairview.
B. Hazard Level Designations. A hazard level designation for each individual business will be determined by the fire marshal based on occupancy classification and existing hazards. The fire marshal will utilize the hazard ratings issued for occupancy designations by the National Fire Protection Association (NFPA) 13, “Installation of Sprinkler Systems,” and as designated by OFC, Chapter 2. In cases of multiple occupancy classifications, hazard level placement will normally correspond to the occupancy classification with the highest rated hazard level.
C. Violation of any other provision of the OFC or any other provision of the city fire code is punishable as a nuisance. Each day’s continuing violation shall constitute a separate offense.
D. Costs. In addition to any fines or penalties provided by the Fairview Municipal Code or state law, the court may impose such costs deemed sufficient to enforce any section of this chapter, as provided by law.
E. Fire Safety Inspections. Each business location of every business located within the city of Fairview is subject to a fire safety inspection by GFD each calendar year. An inspection fee will be assessed when the inspection is conducted. Inspection fees shall be established by council resolution and correspond to the hazard level designation for each business location as determined by the fire marshal.
F. Fire Safety Reinspections. When violations of the OFC are found in the course of an annual inspection, GFD shall conduct a reinspection, after allowing the appropriate time for voluntary abatement of the violation. Fees for reinspection shall be established by council resolution.
G. Failure to Abate OFC Violations. Failure to abate OFC violations shall constitute a public nuisance and subject the violator to the nuisance abatement remedies established in Chapter 8.10 FMC, including the imposition of an administrative enforcement fee for each month the violation continues. The administrative enforcement fee for inspection violations shall be established by council resolution. In addition to the imposition of any administrative enforcement fee, the city manager may enforce abatement proceedings or civil action as otherwise provided by law, including any enforcement remedies, orders or powers under the OFC.
H. Business License Inspections. Any person or business entity that applies for a license to conduct business in a physical location within the city of Fairview may be subject to a business license inspection by GFD and pay a fee for that inspection, as established by council resolution. Any person or business entity that applies for a renewal of any license to conduct business in a physical location within the city of Fairview may be subject to a business license inspection by the GFD, and pay a fee for that inspection, as established by council resolution, if a history of OFC code violations has been found within said business location and a general fire safety inspection has not been completed there within the previous 12 months. (Ord. 3-2023 § 2 (Exh. B); Ord. 10-2022 § 1 (Exh. A); Ord. 8-2021 § 1; Ord. 11-2010 § 2 (Att. B); Ord. 2-2008 Exh. A; Ord. 7-2007 § 1; Ord. 6-2005 § 1; Ord. 2-2004 § 1; Ord. 9-1992 § 9. Formerly 15.35.1020.)
15.35.095 Unlawful burning.
No person may:
A. Burn yard debris or any other type of material on any single or multifamily property within the city of Fairview.
B. Burn at any time any manmade material; rubber; plastic; garbage; construction materials; petroleum-based materials; or any other product for which burning is prohibited by the Department of Environmental Quality.
C. Conduct any type of burning during a declared fire season.
D. Set on fire, or cause to be set on fire, any grass, grain, stubble, or other material being or growing on land within the city.
E. Intentionally or negligently allow fire to escape from the person’s own land, or land of which the person is in possession or control.
F. Accidentally set any fire on the person’s own land or the land of another and allow it to escape from control without extinguishing it, or using every reasonable effort to do so.
G. Know of a fire burning on the person’s own land, or land of which the person is in possession or control and fail or neglect to make every reasonable effort to extinguish it, regardless of whether or not the person is responsible for the starting or the existence of the fire. (Ord. 3-2023 §§ 1 (Exh. A), 2 (Exh. B); Ord. 10-2022 § 1 (Exh. A); Ord. 11-2010 § 2 (Att. B); Ord. 2-2008 Exh. A)